Abstracts » Law

Justices to review causation evidence

Article Abstract:

The US Supreme Court will consider in Daubert v Merrell Dow Pharmaceuticals the proper standard for evaluating expert evidence on causation. The court's decision will have a substantial impact on products liability and toxic tort litigation. The 9th Circuit adopted the Frye standard, claiming that admissible expert testimony has to be generally accepted in the field, but the plaintiff claimed before the Supreme Court that judge-made law such as Frye could not be used to exclude expert evidence. 'Amicus curiae' briefs raising other issues are also discussed.

Cases, Product liability, Products liability

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Why courts hesitate to appoint experts

Article Abstract:

Judges are allowed to appoint expert witnesses to help with fact-finding pursuant to Federal Rule of Evidence 706. According to a study by the Federal Judicial Center, most judges believed Rule 706 experts could be helpful with complex litigation, but few made use of them. This infrequency may be due to fears that such experts impinge on the traditional adversarial system and the lack of an effective system for choosing qualified experts. All parties have the right to depose and cross-examine court-appointed experts, so these fears are not warranted.

Civil procedure, Judicial discretion

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